Senate File 362 - Introduced SENATE FILE 362 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 210) A BILL FOR An Act barring claims against fairs for damages arising out of 1 the transmission of pathogens from certain animals housed on 2 the fairgrounds. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1565SV (4) 87 da/nh

S.F. 362 Section 1. Section 673.1, Code 2017, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 5A. “Domesticated animal pathogen” 3 or “pathogen” means a microorganism, biological agent, or 4 toxin causing disease, illness, or death to a human, if 5 the microorganism, biological agent, or toxin is primarily 6 transmitted by human contact with a domesticated animal, manure 7 from a domesticated animal, or other excretions or body fluids 8 from a domesticated animal. 9 NEW SUBSECTION . 5B. “Domesticated animal premises” or 10 “premises” means a location under the management or control of a 11 domesticated animal activity sponsor where domesticated animals 12 are regularly kept for three or more consecutive hours. 13 NEW SUBSECTION . 6A. “Fair authority” means the Iowa state 14 fair authority established in section 173.1 or a fair as 15 defined in section 174.1. 16 NEW SUBSECTION . 6B. “Fairgrounds” mean real estate under 17 the management or control of a fair authority, including land, 18 buildings, and improvements, and which includes but is not 19 limited to areas reserved for domesticated animal events or 20 domesticated animal activities. 21 Sec. 2. NEW SECTION . 673.4 Fairs —— domesticated animal 22 premises —— liability. 23 1. A fair authority is not liable for damages arising 24 from a claim by a participant or spectator alleging injury or 25 death caused by a domesticated animal pathogen transmitted at 26 a domesticated animal premises located on its fairgrounds. 27 This subsection applies regardless of whether a domesticated 28 animal is present on the domesticated animal premises, when 29 the domesticated animal pathogen is transmitted, or whether a 30 domesticated animal present on the domesticated animal premises 31 is engaged in a domesticated animal activity. 32 2. Subsection 1 does not apply to the extent that the 33 participant or spectator proves that the fair authority 34 failed to post a warning sign at a conspicuous place at the 35 -1- LSB 1565SV (4) 87 da/nh 1/ 3

S.F. 362 domesticated animal premises as required in section 673.5. 1 Sec. 3. NEW SECTION . 673.5 Warning sign —— notice. 2 A fair authority shall post a warning sign at a conspicuous 3 place on any domesticated animal premises located on the 4 fairgrounds. The warning sign shall be clearly visible to a 5 person visiting the premises for the first time. The sign 6 shall have a white background and the sign’s notice shall be 7 printed in black letters a minimum of one inch high in the 8 following form: 9 WARNING 10 DOMESTICATED ANIMAL PREMISES 11 Under Iowa Code chapter 673, the fair is not liable for a 12 domesticated animal pathogen transmitted from this domesticated 13 animal premises. Take necessary sanitary precautions including 14 by not touching your face or consuming food or water until 15 thoroughly cleansing and drying your hands after your visit. 16 As soon as possible after your visit, thoroughly cleanse your 17 hands using an appropriate soap and water and thoroughly dry 18 them after cleansing. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 GENERAL. This bill provides that the state fair or a county 23 or district fair is not liable for damages sought by a person 24 who alleges an injury or death caused by a pathogen transmitted 25 from a location at a fair where an animal is kept for more than 26 three hours. 27 TERMS. An animal is limited to livestock, domesticated 28 deer, llamas, and rabbits and is referred to as a “domesticated 29 animal”. A pathogen is a microorganism, biological agent, 30 or toxin causing disease, illness, or death, carried by a 31 domesticated animal, and is referred to as a “domesticated 32 animal pathogen”. The location where the domesticated animal 33 is kept is referred to as a “domesticated animal premises”. 34 REQUIREMENTS. The bill requires a fair to post a 35 -2- LSB 1565SV (4) 87 da/nh 2/ 3

S.F. 362 conspicuously placed warning sign notifying participants and 1 spectators that they must use necessary sanitary precautions 2 during and after the visit. The bill also provides that a 3 fair’s failure to post the sign does not constitute proof of 4 the fair’s liability. 5 BACKGROUND. The bill amends Code chapter 673, which limits 6 the liability of a person termed a “domesticated animal 7 activity sponsor”, including the state fair or a county or 8 district fair, from being liable to a spectator for assuming 9 inherent risks of physical injury or death caused by a 10 domesticated animal while engaged in an activity normally 11 associated with that animal (e.g., horseback riding), and 12 referred to as a “domesticated animal activity”. 13 -3- LSB 1565SV (4) 87 da/nh 3/ 3